The Ministry of Justice sets the fees that the Office of the Public Guardian (OPG) charge for supervision and assessments of Deputyships. A recent review by the Ministry of Justice found that fees charged between April 2008 and March 2015 for this service were disproportionately high compared with the cost to the OPG. As a result, the Ministry of Justice have implemented a refund scheme for those who were paying fees that were higher than necessary.
When a person is appointed as a Deputy, they have the authority from the Court of Protection to make decisions on behalf of an individual (“P”) who lacks capacity, for example through illness, injury or disability. There are two types of Deputyship:
The scope of the Deputy’s power is defined within the Court Order from the Court of Protection. In most cases, the Court Order will be drafted widely to allow the Deputy to act freely while considering the best interests of P, within the framework of the Mental Capacity Act 2005.
A Deputy must send an annual report to the OPG explaining any decisions that they have made on P’s behalf. They must also file an account of the funds they have received and spent within the last 12 months. It is the OPG’s role to supervise Deputies and ensure that they are acting within their powers and with P’s best interests in mind. The Deputy has to pay a fee for that supervision based on the size of P’s estate.
If you had a Deputy previously or if you are the executor of a P who has since died, and fees were paid between 1 April 2008 and 31 March 2015, you may be eligible for a refund. The refunds are only applicable for Deputyship assessments or annual supervisions. Please note, if the Deputyship is ongoing you do not need to apply for a refund as the Office of the Public Guardian will automatically refund you.
Most refunds will be less than £200 and will include 0.5% interest.
In order to claim a refund, you will need to complete the form here:
You will need to accompany the application form with evidence comprising of the following:
The deadline for refund claims Is 4th October 2022.
If you require any further information or advice relating to Deputyships, please contact our team on 0161 941 4000 or email us at firstname.lastname@example.org.